IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
.
CMPMO No. 346 of 2017
Date of Decision : March 27 , 2018
Smt. Saloni Manchanda …Petitioner
Versus
Sh. Pankaj Manchanda
Coram:
r to …Respondents
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice.
Whether approved for reporting? No. 1
For the petitioner : Ms. Bhawna Dutta, Advocate, for the
petitioner.
For the respondent : Mr. Satyen Vaidya, Senior Advocate, with
Mr. Vivek Sharma, Advocate, for the
respondent.
Sanjay Karol, ACJ. (Oral)
Smt. Saloni Manchanda, petitioner herein, filed
the instant petition under Article 227 of the Constitution of
India against the order dated 29.7.2017 passed by Distrct
Judge (Forest), Shimla, in HMA No. 3 of 2008, titled as
Whether reporters of Local Papers may be allowed to see the judgment?
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2
Pankaj Manchanda vs. Saoni Manchanda. With the consent
of the learned counsel for the parties, the matter was
.
referred to the mediation of Mr. Naresh K. Sood, learned
Senior Counsel.
2. It is heartening to note that with the efforts put
in by the learned Mediator, parties amicably resolved their
dispute in the following terms, which stands recorded in the
mediation proceedings:
“1. That pending petition filed by respondent Sh.
Pankaj Manchanda against the petitioner under
Hindu Marriage Act for dissolution of marriage under
Section 13 of the Hindu Marriage Act, 1955 shall be
allowed and a decree of divorce by way of dissolutionof marriage between the parties will be passed on
the ground that since the parties to the said petitionare living separately for the last more than 10 years
and that their matrimonial ties cannot be retrievedand have reached a stage of complete breakdown
and there is no possibility of their reunion even in thefuture. Thus, the aforesaid decree for divorce
between the parties will be passed;
2. That the Civil Suit/Case No. 150-1 of 13 of 2008
with amended title “Saloni Manchanda two others
vs. Pankaj Manchanda three others is also pending
in the Court of Civil Judge (Sr. Division), Shimla,
wherein Smt. Saloni Manchanda, Ms. Khushbu
Manchanda and Master Anuj Manchanda are the03/04/2018 22:52:13 :::HCHP
3plaintiffs and Sh. Pankaj Manchanda, Gautam
Manchands (brother of Pankaj), Smt. Madhu @.
Pushpa Manchanda (mother of Pankaj) and one Sh.
Rakesh Gupta are defendants. That on the basis of
the present settlement this suit has also been settled
between the parties to the suit and the same will bedeemed to have been compromised. All the claims
and entitlements raised in the suit by the plaintiffs
will be deemed to have been satisfied with thepresent settlement.;
3. That it is part of the settlement that a lump
sum amount of Rs. 20,00,000/- will be paid by therespondent Sh. Pankaj Manchanda to Smt. Saloni
Manchanda in full satisfaction of all the pending
claims of all concerned raised in the aforesaid suit
and also in full and final settlement of permanentalimony of Smt. Saloni Manchanda;
4. In addition, the parties have agreed and
accepted that there will be on claim whatsoever ofany kind on any count between the parties to the
present petition and also the parties to aforesaid civil
suit and this way all the pending, past or futureclaims whatsoever between the parties to the
present petition and the civil suit will be deemed to
have been satisfied in entirety. It has also been
agreed between the parties that the entire payment
of Rs. 20,00,000/- will be made in the name of Smt.
Saloni Manchanda. Out of the aforesaid amount of
Rs. 20,00,000/- an amount of Rs. 10,00,000/- will be
paid by respondent Sh. Pankaj Manchanda to Smt.
Saloni Manchanda in the Hon’ble High Court when03/04/2018 22:52:13 :::HCHP
4the main case out of which the present mediation
proceedings have arisen are taken up by the Hon’ble.
court. The balance amount of Rs. 10,00,000/- will be
paid by the respondent in the name of Smt. Saloni
Manchanda within four weeks from today.
5. In addition to the aforesaid amount of Rs.
20,00,000/-, it has also been agreed between the
parties and also by Ms. Khushbu Manchanda and Sh.
Anuj Manchanda that the respondent Sh. PankajManchanda within a period of twelve weeks from
today shall pay an amount of Rs. 2,00,000/- over and
above the aforesaid amount of Rs. 20,00,000/- to Ms.Khushbu Manchanda and shall procure a fixed
deposit receipt of the said amount from a
Nationalized Bank in the name of Ms. Khushbu
Manchanda with the rider that the aforesaid amountof Rs. 2,00,000/- will only be spent solely on
solemnization of marriage of Ms. Khushbu which will
be treated as contribution of the respondent towardsthe marriage expenses of Ms. Khushbu Manchanda
and before that the said FDR will not be encashed.
6. That in order to give complete effect to the
present settlement both the parties will take
appropriate steps before the Hon’ble Court for due
and appropriate representation of all the parties to
the present petition and also the aforesaid civil suit
and the pending petition for divorce petition and if
need be, the said suit and pending divorce petition
between the parties will also be withdrawn from the
records of the respective courts by the Hon’le High03/04/2018 22:52:13 :::HCHP
5Court and both the cases will be disposed of in terms
of this settlement by the Hon’ble High Court.
.
7. The parties have once again reiterated that
with the present settlement neither there remains
any claim, demand whatsoever of any kind for the
past nor there is any other demand which may beraised in future against each other between the
parties to the suit on any count whatsoever and with
the payment of aforesaid amount of Rs. 20,00,000/-
and Rs. 2,00,000/- (in all twenty two lacs) in the
manner and mode as detailed before, this settlement
shall be deemed to have been fully compliedbetween the parties. It is made clear and understood
and accepted by the respondent and also all
concerned to this settlement that any breach of the
terms of this settlement in payment of the amount asagreed above will result in revival of all the pending
litigations which have been settled hereinabove;
8. The parties have also separately understood,
accepted and undertaken that any breach of the
respective obligations of this settlement by any of
the parties in addition will also result in breach ofundertaking to the Hon’ble Court and all
consequential actions for such beach in law shall also
follow against the erring party in as much as the
parties have voluntarily agreed that in addition to
these terms of settlement will also amount to an
undertaking to the Hon’ble Court as the Hon’ble
Court has been requested by way of this settlement
to act upon on the assurance of the parties that they
will remain bound by such terms;”
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6
Report of learned Mediator (Ex.P-1) is taken on record.
.
3. On 24.3.2018, when the matter came up for
hearing, the Court passed the following order:
“Happily, with the intervention of the learned
counsel for the parties, as also efforts put in by Mr.
Naresh K. Sood, learned Mediator, parties haveamicably resolved their dispute. The compromise
(Ex.P-1) shall form part of the order.
Parties are present in Court. Their statements
have been recorded separately and placed on the
file.
Record of the proceedings i.e. Civil Suit No.
150-1 of 13 of 2008, titled as Saloni Manchandatwo others vs. Pankaj Manchanda three others,
pending before the Civil Judge (Senior Division),
Shimla, as also HMA RBT No. 6-S/3 of 2015/2008,titled as Sh. Pankaj Manchanda Vs. Smt. Saloni
Manchanda, pending before the learned District
Judge (Forests) Shimla, H.P. be called for through a
special messenger.
List on 27.03.2018.”
4. Same day statements of the parties were
separately recorded which are also reproduced as under:
“Statement of Smt.Saloni Manchanda, aged 46
years wife of Shri Pankaj Manchanda, resident
of Khanna Bhawan, Near Monal Public School,
Sanjauli, Shimla-6, H.P.
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On oath
24.03.2018.
.
I have entered into settlement with my
husband. All terms of compromise and settlement
stand incorporated in the order sheet of learnedMediator, which I have signed in Circle ‘A’, which is
exhibited as Ex.P-1 I undertake to abide by the same
and made aware of breach of the consequencesthereof. I have been authorized on behalf of my
children, namely, Anuj Manchanda and Khushboo
Manchanda, who have now attained the majority toalso make statement on their behalf. They are also
bound by the terms of the compromise, which stands
fully explained to and understood by them. Their
written authorizations are Ex.P-2 Ex.P-3.”
AND
“Statement of Pankaj Manchanda, aged 55 years
son of late Shri M.L. Manchanda, resident of
Manchanda House, Dhingu Mandir Road,Sanjauli, Shimla-171 006
On oath24.03.2018.
I have entered into settlement with my wife.
All terms of compromise and settlement stand
incorporated in the order sheet of learned Mediator
(Ex.P-1), which I have signed in Circle ‘B’. I
undertake to abide by the same and made aware of
breach of the consequences thereof.”
5. Today again the parties appeared and made the
following statements:
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“Statement of Smt. Saloni Manchanda wife of Sh. Pankaj
Manchanda, Resident of Khanna Bhawan Near Monal Public
School, Sanjauli, Shimla-6, H.P. Aged: 46 years (Petitioner).
On S.A.
March 27, 2018
I have received payment in terms of the
settlement (Ext. P-1). Cheque bearing No. 481905,
dated 16.3.2018, amounting to `20,00,000/- (rupees
twenty lacs) of Punjab Sind Bank and FDR in the
sum of `2,00,000/- (rupees two lacs) in the name ofMs. Khushbu Manchanda stands received in Court. I
withdraw all cases being Civil Suit No. 150-1 of
2013/08, titled as Saloni Manchanda others vs.Pankaj Manchanda others, pending in the Court of
Civil Judge (Sr. Division) Shimla, as being fully
satisfied in view of the full and final settlement
arrived at between us. I request that decree ofdivorce on the basis of mutual consent be passed
and marriage be dissolved. We have settled allclaims qua maintenance (if any), inheritance,
guardianship etc.”
AND
“Statement of Sh. Pankaj Manchanda son of late Sh. M.L.
Manchanda, Resident of Manchanda House, Dhingu Mandir
Road, Sanjauli, Shimla-6, H.P. Aged: 55 years (Respondent)
On S.A.
March 27, 2018
I have made payment in terms of the
settlement (Ext. P-1). Cheque bearing No. 481905,
dated 16.3.2018, amounting to `20,00,000/- (rupees
twenty lacs) of Punjab Sind Bank and FDR in the
sum of `2,00,000/- (rupees two lacs) in the name of03/04/2018 22:52:13 :::HCHP
9Ms. Khushbu Manchanda stands handed over in
Court as full and final settlement arrived at between.
us. I request that decree of divorce on the basis of
mutual consent be passed and marriage be
dissolved. We have settled all claims qua
maintenance (if any), inheritance, guardianship etc.”
6. One notices that parties have voluntarily settled
all disputes of their matrimonial relationship including
maintenance, inheritance, paternity, custody and claims
etc. No claim of whatsoever nature survives or is accruable
against each other. Rights of the children also stand
settled. Respondent-husband/father has paid the amount
towards full and final settlement of all claims. Cases being
Civil Suit No. 150-1 of 13 of 2008, titled as Saloni
Manchanda two others vs. Pankaj Manchanda three
others, pending before the Civil Judge (Senior Division),
Shimla, stands withdrawn by Smt. Saloni Manchanda
(petitioner).
7. Insofar as HMA Petition No. RBT No. 6-S/3 of
2015/2008, titled as Sh. Pankaj Manchanda Vs. Smt. Saloni
Manchanda, pending before the learned District Judge
(Forests) Shimla, H.P., is concerned, the same is treated to
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10
have been filed for dissolution of marriage by mutual
consent and as such, as prayed for, marriage between the
.
parties i.e. Saloni Manchanda and Pankaj Manchanda,
solemnized on 14.01.1993 is dissolved by way of
mutual consent. I am of the considered view that the terms
of the compromise entered into between the parties are
just, fair and legal. The compromise is also in favour of the
parties as also in the interest of justice. All claims be of
whatever nature, past, present or future, out of the
relationship in issue, stand settled.
8. Terms of settlement incorporating the
proceedings of Mediation reproduced supra and statements
of the parties dated 24.3.2018 and 27.3.2018 also
reproduced supra shall form part of the decree. Decree
sheet be drawn up accordingly.
9. Copies of judgment be placed on the file of Civil
Suit No. 150-1 of 13 of 2008, titled as Saloni Manchanda
two others vs. Pankaj Manchanda three others, as also
HMA RBT No. 6-S/3 of 2015/2008, titled as Sh. Pankaj
Manchanda Vs. Smt. Saloni Manchanda.
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10. Efforts put in by learned counsel for the parties
and more particularly Mr. Naresh K. Sood, learned Senior
.
Counsel, who helped parties to arrive at an out of Court
settlement are highly appreciable.
11. It shall be open for the parties to approach the
Court in the event of the any difficulty faced in
implementing the compromise.
Petition stands disposed of accordingly, so also
pending applications, if any.
(Sanjay Karol),
Acting Chief Justice.
March 27 , 2018 (PK)
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